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Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists ImmigrationNational Interest Waiver

Bypassing the Labor Certification Application for Professional Nurses and Physical Therapists

Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process of applying for a certified labor certification application through the…
February 23, 2021
What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down? ImmigrationL-1 Visa

What happens if there are changes to a company abroad after the approval of an L-1 petition? Can L-1 employees continue working in the U.S. if the foreign company that they worked for shuts down?

The L-1 visa permits a U.S. employer that has a qualifying relationship with a company abroad to transfer an employee who holds a managerial, executive or specialized knowledge role to one of its offices in the United States.  The employee…
February 16, 2021
I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card? Family ImmigrationImmigration

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background  The U.S.…
February 10, 2021
What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition? Immigration

What is consular nonreviewability? Does it mean that I cannot sue a consulate that has failed to act or is taking an unreasonably long time to decide my immigration petition?

In spite of a doctrine in immigration law that courts do not review consular officers’ immigration decisions, courts are able and willing to compel consulates to make a decision when they have failed to. As a result, you can sue…
February 10, 2021
How has the Buy American, Hire American Executive Order impacted L-1 visas? Will this change under a Biden/Harris administration? ImmigrationL-1 VisaWhite House & President Immigration News

How has the Buy American, Hire American Executive Order impacted L-1 visas? Will this change under a Biden/Harris administration?

In 2017, President Trump signed the Buy American, Hire American (“BAHA”) Executive order. This Executive Order sought to protect the interests of U.S. workers in the administration of the U.S. immigration system and prevent abuse and fraud. For L-1 visas,…
February 2, 2021
If I own a company abroad can I come to the U.S. on an L-1? Can company owners qualify as L-1 managers or executives? ImmigrationL-1 Visa

If I own a company abroad can I come to the U.S. on an L-1? Can company owners qualify as L-1 managers or executives?

The L-1A visa allows companies abroad that have qualifying relationships with U.S. companies to transfer employees  to the U.S. For the L-1A, the employees must be coming to the U.S. to work in managerial or executive positions. For the L-1B,…
February 1, 2021
I need an earlier visa appointment at a U.S. Consulate. Can I request an expedite appointment? E-2 VisaImmigrationInvestor Visas

I need an earlier visa appointment at a U.S. Consulate. Can I request an expedite appointment?

If you recently submitted a non-immigrant visa application to a U.S. Consulate abroad (e.g. an E-2 investor application), you may be wondering when your visa interview will be scheduled. Unfortunately, due to Covid-19 global pandemic and always changing situation at…
February 1, 2021
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I was granted an A-1 diplomatic visa. Does that mean I have diplomatic immunity? What is the easiest way to determine whether a person has diplomatic immunity? Immigration

I was granted an A-1 diplomatic visa. Does that mean I have diplomatic immunity? What is the easiest way to determine whether a person has diplomatic immunity?

Holding an A-1 diplomatic visa -- or any diplomatic visa -- does not, alone, prove diplomatic immunity. Whether a diplomat to the United States has diplomatic immunity can not only determine whether that person can be arrested or detained, but…
January 27, 2021
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My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS? Immigration

My passport will expire in a few months. Will that affect my ability to be issued a visa at the consulate, or my ability to enter the U.S.? Will it impact an extension of status petition with USCIS?

I am outside the U.S. and planning to enter. For how long must my passport be valid? In general, for admission to the U.S., the nonimmigrant must present a passport that is valid until at least 6 months beyond the…
January 21, 2021
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Trump Administration Lifts Coronavirus Travel Ban on Europe and Brazil. President-Elect Likely to Reject the Proclamation COVID-19

Trump Administration Lifts Coronavirus Travel Ban on Europe and Brazil. President-Elect Likely to Reject the Proclamation

Late Monday night, President Trump ordered an end to the Coronavirus related travel ban put on non-citizen and permanent resident travelers from Europe and Brazil. For more information, please click here for Europe and here for Brazil. The proclamation will…
January 19, 2021
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